Future steps to recover money.
koteswara rao jonnalagadda
(Querist) 03 September 2013
This query is : Resolved
respected experts,
i am a propritor of trading co,doing business in fish and related products.
a.i have given advance to a oil extraction pvt ltd co for supply of fish feed(d.o.bran) to the tune of rs 19lacs through 3cheques and purchase order in the year 2006-07.
b.the total cheques encashed in the year 2006-07 it self but they din't supply the material.
c.i tried my level best to get the material,but i could not succed.
d.i approached a advocate he suggested for civil recovery suit,since i am in financial problem i could not efford for making court fee etc. at this juncture i met another advocate who suggisted for filing cheating case againest all the directors where 3male and two female members are there.accordingly i field a criminal case at hyderabad,judze reffered to police to make a enquiry and submit to the court.
e.at this juncture police enquired with banker and asked them to submit the scaned copies of the three cheques,accordingly banker given two cheques scaned copies and promised the third one with a short notice.
f.things are at that stage i became sick in april 2012 and got by pass heart surgery in aug-2012.
g.in lost month after my recovery i went to police station to follow up the issue,they said the respective officer who is handling the case transfered to other station and before leaving he closed the case in 2012.
h.after this i enquired with r.o.c-hyd for the said company balance sheet to know the my a/c status in their balance sheet,the balance sheet is not showing any advance payment from my company.
i.after this i put some body to know the inhouse accounts data according to him my payment was adjusted to some other company supplies and closed in their a/c's.i dont have any investment in that third party company at the same time i have not given any instructions to them either in writing and orally.
now what is the available remidies to me to get back my funds and all these funds are taxsuffered funds.kindly guide me.
Advocate Ravinder
(Expert) 05 September 2013
It seems the opponents have managed the police officials and got the case closed. Since your financial position is weak you have no other option except to follow up the closed criminal case. You can approach the higher police officials (Commissioner of Police) and state the facts your are suffering. You can add/implead in the criminal case, the some other company where your amount was adjusted, so that there will be lot of pressure on your opponents by the other company.
If you have finance, you can file recovery of money case and also writ petition against the police officials.
